Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 506 -- Bail - Attempt to murder - Charges were framed on 5.11.2018 and now trial is pending for 9.7.2019 - Out of total 16 PWs, 8 material witnesses are yet to be examined and prosecution has moved an application u/s 319 Cr.P.C - Trial therefore, will certainly take a long time -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307 -- Bail - Attempt to murder - As per the case of prosecution, petitioner given a severe blow to old age person of 71 years, but the fact remains that there is cross version also and a private complaint to that effect is pending before the Court of competent jurisdiction - Out of total 14..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Murder case - Omission of name of informant/PW1 in FIR - Not a single word was put to PW1 in this regard when he was subjected to cross-examination - Unless an explanation is sought from a particular witness regarding omission/contradiction appearing in his sworn testimony vis-a-vis previous statement/written report,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail during pendency of appeal against conviction - Murder - Extra judicial confession made by accused and there is inconsistency between PWs regarding same - Recovery of dead body and other weapon of assault thereafter made at the disclosure statement of accused while in custody which..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- Delay in lodging FIR - Murder - PW1 telephonically informed about incident to police on the day of incident - Police registered complaint next day in the morning after inquest panchnama - Prosecution not examined Police constable as a witness - Police may have reached the hospital, as..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Accused is a lady who has recently delivered a child cannot be deprived of attending her newly born baby particularly when further custody of petitioner is not required for any investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, 201 - - Murder - Complainant alleged illicit relations of deceased and accused and when husband of accused suspected about their relation he murdered his son/deceased - However, during inquest proceedings no such allegation was made by the complainant - Even, FIR was got recorded after..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Circumstantial evidence - Available evidence is wholly inconclusive in nature and does not give rise to a definite inference of guilt against accused and at least a prima facie case of bail is made out - Several other submissions in order to demonstrate falsity of..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 341, 34, Arms Act, 1959, Section 25, 3 -- Cancellation of bail - Attempt to murder - Six other criminal cases were pending against petitioner at the time of granting bail - However, said fact not disclosed during course of arguments at the time of grant of bail - Bail cancelled...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Last seen evidence - Merely evidence of last seen with deceased is no ground to frame charge u/s 302 IPC against accused, unless it is accompanied by other facts which constitute a complete chain to incriminate accused, which leads to only one conclusion that it is accused only..........
